DWAI/Drug in NY: Driving While Ability Impaired by a single Drug other than alcohol.

DWAI/Combination in NY: Driving While Ability Impaired by a the Combined Influence or Drugs or Alcohol.

Refusing A Chemical Test(Breathalyzer or other test): A driver who refuses to take a chemical test (normally a test of breath, blood or urine) can receive a driver license revocation of at least one year (18 months for a commercial driver) and must pay a $500 civil penalty ($550 for a commercial driver) to apply for a new driver license. A driver who refuses a chemical test during the five years after a DWI-related charge or previous refusal will have their driver license taken away for at least 18 months (permanent for a commercial driver) and must pay a $750 civil penalty to apply for a new driver license. If you’re under age 21, and refuse a chemical test during the five years after a DWI-related charge or previous refusal, you will have your driver license revoked for at least one year or until age 21, whichever is longer – And you have to pay a $750 civil penalty to apply for a new driver license.

NY Zero Tolerance Law: A driver who is less than 21 years of age and who drives with a .02 BAC to .07 BAC violates the Zero Tolerance Law – see the New York State Zero Tolerance Law for more information.

If you’re arrested for any of these violations, these are the potential fines and jail time you’ll be facing.

** For license revocations, the Department of Motor Vehicles determines when your license can be returned. Its return or reinstatement, based on state law or regulation, is not automatic. You must reapply for your license and may have to take a test. Three or more alcohol or drug-related offenses with 10 years can result in a permanent revocation, with a waiver request permitted after at least five years.

Mandatory Screening – If you are charged with or convicted of certain alcohol-related offenses, the courts will order alcohol screening and/or alcohol evaluation, prior to sentencing.

If you have been arrested for DWI in the Buffalo area, call the experienced former prosecutors at Friedman & Ranzenhofer for dedicated representation.